The Deep Analysis Of Legitimacy Of Citizen’s Rights

In the face of the situation of the historical, real, and domestic and foreign human rights, we found that both constitutional provisions of citizenship and the citizen’s inner desire for the freedom and rights, the citizen rights are far from actual situation. Especially the citizens’political rights to vote, the rights of equality, the rights of economic income and property, and the most common living rights nearly always are negated by the harsh reality. Thus, also actuates that writer of this paper analyses and argument in depth the existing theory of rights on account of the naturality, human nature, rationality, universality, particularity, fairness, justice and legitimacy, and other aspects of rights from two angles of theory and practice. Purpose, is designed to improve all citizens’awareness of the essence, content, role, gaining and maintaining of rights, and also is designed to actuate the state power can win over more rights for citizens in the multiple levels of the political and economic, legal system, and so on, protect and defend the citizens’rights, stopping for a violation of the rights of citizens. The concrete content includes:1. Through the system research to the reality of civil rights and the history of the evolution of rights concept, further illustrates the connotation and denotation of citizens’ rights, and the dialectical relationship between the citizens’ rights, personal rights and the social rights. On the basis of synthesizing predecessors’ multiple definitions of citizens’ rights, the concept and theory of existing rights are stated from a multitude of perspectives. To point out that all reasonable social system should ensure that the citizens have their natural rights, political rights, economic rights, cultural rights, social rights, legal rights, and the forms of several kinds of most basic rights.2. this paper gives a full critique to the disoperation of civil rights by alienation of power, the disintegration of rights under strong power, the resolution role of symbolizing legal rights to rights, the dominant position of power to legal rights, and the wide difference of rights between officer people generated from there for thousands of years.3. It arguments the legitimacy of citizens’rights and the principles and methods of judging civil rights’ legitimacy, argues that citizens’ rights beyond the political power have at least the basic characteristics of naturality, objectivity, subjectivity, sociality, orientation and mobility, openness, liquidity, pluralism, nature in self-for itself, and so on. Among them, the humanization and individuation of civil rights should be the supreme essence of all human rights, and only doing and practicing it, the all citizens will really have human rights. As to how to determine the justification of citizens’ rights, writer thinks that at least should follow four interconnected principles, namely individualism principle, a priori principles, essential principles and antagonism principles. As to judging the ways of civil rights’ justification, of course, should be the social practice. Because only through all citizens’ will and act, really realize the organic combination of the natural and carnal persons and the mental, moral and legal persons, and on this point, fully to affirm that people’s natural rights, social rights, individual rights, and all legal rights that should be respected.4. since civil rights always inherently contains the function of micro power, thus to establish the legitimate relationship of civil rights and political power, needs to strengthen the micro power, prevent abuse of public power, strengthen the consciousness of struggle and defend the legitimate rights and interests of citizens.5. As to how to defend and maintain the legitimacy of civil rights, which needs to follow these basic principles, namely the law of equality and justice, the law of freedom and happy, the law of responsibility and duty, as well as to the law of the most great truth and goodness, and strengthen and maintain the system and legal protection of the legitimacy of civil rights, establish and complete the democracy politics, change the form of power of modern society, strengthen the construction of legal system, set up the ideas of law, intensify the personality of the citizen’s main body and the consciousness of rights, protect the multi-culture and minorities’citizenship on the basis of following the above rules.6. It is need to identify the transformation from the individual rights to collective rights and from the rights to responsibility, as well as the alienation and the unification of rights and obligations, also need to see whenever the citizens can’t make the responsibility and obligation, which are bore by them, obey unconditionally the power on the basis of the affirming the dialectical relationship of the citizen’s rights, obligations and responsibilities. It is need to really know that all the behavior of obligations and responsibilities need to conform to certain moral demand, legal text and right rule, and need to possess the unity to the sustainable citizenship. Only so, all citizens really can achieve the liberating and dominating themselves, not only have the civil consciousness of freedom, also expand and highlight increasingly their rights and individuality.The innovation points in this paper:it illustrates the connotation of citizens and civil rights and the historical change, reveals the violations of the political hegemony and power dissimilation to civil rights using the concept of knowledge archaeology and the method of analysis. It demonstrates that the legitimacy of civil rights mainly lies in the nature in-itself and self-behavior, humanity and its orientation of citizens’ rights. Due to the civil rights inherently contains micro power, so the abuse of public power can be prevented through enhancing citizens’ rights. The legitimacy of citizens’ rights can be maintained by insisting on the basic principles such as equality and justice. The sustainable citizenship can become to reality by changing the power forms of modern society forms and perfecting the legal protection of maintaining civil rights maintenance.